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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

 

Outrageous! Buy a New Home - Don’t Sue and Shut Up
Homebuilders will stop at nothing – Now Buyers must agree not to Speak
Beware of New Builder Clause – Homebuilder requires that homebuyer sign clauses forcing buyers to give up their constitutional rights.  It’s a decision between constitutional rights and the American Dream. 

SEE: KB Warranty Conditions - Sign A Shut Up Agreement or No Repairs
PLUS: It's Your Choice, Homebuilder Contracts - Hold Harmless  

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation 
TEXAS REGULATES HOMEBUYERS!
NEW HOMEBUYER LEGISLATION MAY BE COMING TO YOUR STATE SOON
!
How Texas Home Building Industry shaped the Texas Residential Construction
Commission (TRCC) and regulates new homebuyers

Defective Products
Mold Update
Tuesday, 06 September 2005
Monday Morning Mold January 24, 2005
Read more...
 
Mold Update
Tuesday, 06 September 2005
Monday Morning Mold January 17, 2005
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FTC - Facts for Consumers
Sunday, 07 August 2005
FEDERAL TRADE COMMISSION
Warranties for Newly Built Homes: Know Your Options
For many people, a home is the most expensive purchase they ever make. It’s no wonder, then, that buyers of newly built homes are interested in warranties, which promise to repair or replace certain elements of the home, if necessary, within a certain time. According to the Federal Trade Commission, the nation’s consumer protection agency, if you’re considering a home warranty it’s important to understand what it covers, how to make a claim, and the process for resolving disputes that may arise between you and the builder or warranty company.
Read more...
 
Advice from Jordan Fogal
Thursday, 28 July 2005

The Home You Save Could Well Be Your Own!
by Jordan Fogal
What you don't know can hurt you. This information is given to you as a public service. You could be the next victim of our state laws and the ethically challenged, predatory builders in Houston.

Read more...
 
Mold and Home Lemon Law
Wednesday, 22 June 2005
Breaking the mold
One by one they stepped to the podium to tell stories of dreams shattered. Young and old, they had the same story to tell - and many fought back tears as they spoke.
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Message from Jordan Fogal
Friday, 03 June 2005

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Binding Arbitration Clauses
Thursday, 12 May 2005

           Beware of All Binding Arbitration Clauses!
          New KB Home buyers & All buyers of homes with FHA & VA insured loans  

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Public Citizen - Locked out of courthouse
Thursday, 12 May 2005

Business-Backed Class Action Bill Locks Consumers Out of Court
Statement by Public Citizen President Joan Claybrook
This week, the Senate will debate one of the most unfair, anti-consumer bills that we’ve seen in years. This business-backed class action legislation (S. 5) will lock millions of consumers out of the courthouse. Business interests have spent tens of millions of dollars to pass it to avoid public accountability for fraud and deceptive practices.

Read more...
 
Warning! New Home Buyers Avoid Builder Contracts that Harm New Home Buyers
Sunday, 10 April 2005

How to minimize the risk
By Janet Ahmad

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Warning! New Home Buyers Avoid Builder Contracts
Sunday, 10 April 2005

Warning!  Avoiding Builder Contracts that Harm New Home Buyers
How to minimize the risk
By Janet Ahmad

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Home Lemon Law - Why Texas Needs a Home Lemon Law
Thursday, 07 April 2005

Homebuyers Need a Home Lemon Law


Why Texas Needs a Home Lemon Law
Homebuilders have become confident  they can build homes that are substandard, disposable; and can not be held accountable because of unfair contractual advantages. Over the last 10 years homebuyers rights and protection has been severely eroded. And with the
Texas Supreme Court poised to relieve Texas Homebuilders from the "warranty of habitability", now is the time to restore homebuyers confidence in their new home and their builder.  The reasons for a Home Lemon Law are detailed below and we are fully prepared to debate each one with convincing supporting evidence.
 The Texas Supreme Court and Centex. Centex Homes v. Buecher. Centex Homes (on behalf of all Texas home builders) has asked the Texas Supreme Court to relieve the industry of the "warranty of habitability". The main argument submitted in an  Amicus by the National Association of Home Builders is that Texas home builders provide a home warranty that "offers significant tangible benefits".  These so called "significant tangible benefits" are in fact, an Extremely Limited Unenforceable Warranty. Any ruling in favor of the Home Building Industry will again severely erode the homebuyers confidence in Texas Home Builders.  What confidence can be fostered if a builder cannot warrant a home for habitability? 
Side note: "The justices [Texas Supreme Court] also took $363,338 from Centex's law firms, Baker & Botts and Bracewell & Patterson,..." --The Home Boy's Hold On the High Court.
 Home Warranties are Unenforceable and SEVERELY limited. Home Warranties such as the Residential Warranty Corporation Warranty (RWC) used by Centex Homes, provides protection for Major Structural Defects ONLY, after the 2nd year. And a MSD is strictly defined in the RWC "It materially affects the physical safety of the occupants of the home". See a review of the RWC for details. 

 Mandatory Binding Arbitration Clauses. No access to the Courts. Home buyers have lost their right to a civil trial provided to all consumers through the United States and Texas Constitution by signing these rights away as a condition of buying a new home. In short, a homebuyer cannot sue a Texas home builder. These clauses are found in the new home contract and warranty. 

 Lack of Consumer Protection Agencies. Home buyers with a construction defects have little if any recourse via the BBB or the Texas Attorney Generals Office. Protection for our Veterans by the Veterans Administration is illusionary. HUD is the same. We expect more from our  consumer agencies on the city, county, or state level to help with a construction defect. 

 Lack of Building Inspections. The builders are not required to have a building inspection by a State Licensed inspector, but when you sell your home, you will be required to do so.

 Lack of enforcement of building codes. One of the warranty exclusion from the RWC is "Violation of applicable building codes".  If the builder is in vilation of applicable building codes, the warranty will not cover this.

 Defective Construction Products. Over the last 10 years defective construction products have surfaced costing homeowners thousands of dollars in repairs. Of course the warranties do not cover these such as Masonite siding, Synthetic Stucco, Roofing Shingles, Polybutelene Plumbing. The builders have taken no responsibility for these problems.

 Limitations of the Residential Construction Liability Act. The RCLA  provides more protection for the builders than it does for the homebuyer. It requires an attorney to understand and implement. The Home Lemon law will shortcut and simplify the prcedure without legal representation.

 Health Hazards of our Homes. Many new homebuyers have found their homes and lives destroyed by "silent killers", mold. A homeowner in Dripping Springs Texas was the subject of a national story on 48 Hours. The homeowners learn the builders take no responsibility for this and the insurance companies will not cover the repairs. 

 
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Reckless Endangerment
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Warranty?  What 25-Year-Warranty?
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PROFITABLE DEFECTIVE PRODUCTS
 
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